Bolthole Index

Erie County, New York

Building permits, zoning and septic rules in the Town of Colden, New York

The Town of Colden in Erie County, New York requires a building permit from its Code Enforcement Officer for new construction, additions and demolition1. Colden has its own zoning chapter with residential, agricultural and commercial districts23. Septic systems are approved by the Erie County Department of Health, not the town4.

At a glance

Building permit
Required from the Town Code Enforcement Officer1
Building code
NYS Uniform Fire Prevention and Building Code controls5
Zoning
Town zoning chapter with R-1, R-2, R-RB, AG and C districts3
Septic
Erie County Department of Health construction permit6
Certificate of occupancy
Required before use; county health approval needed first7
Owner-builder
State workers' compensation form BP-1 may apply to owner-occupied homes8

Who to call

Building permits

Town of Colden Building Department (Code Enforcement Officers)

Building permits, plan review, inspections and certificates of occupancy inside the Town of Colden

(716) 863-0269

Also useful

Colden Town Hall

Town Clerk and general town offices; the starting point for zoning and fee schedule questions

(716) 941-5012

8812 State Road, Colden, NY 14033

Septic permits

Erie County Department of Health — Division of Environmental Health

Septic (onsite wastewater) construction permits for every address in Erie County, including the Town of Colden

716-961-6800

ECDOH Building, 503 Kensington Avenue, Buffalo, NY 14214

Contact details are copied from each office’s official page and were checked against it on October 24, 2026.

Off-grid gear

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

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Do you need a building permit in the Town of Colden, NY?

Yes. Inside the Town of Colden, no one may start erecting, enlarging, altering, removing or demolishing a building or structure, or install heating equipment, without first obtaining a permit from the Code Enforcement Officer1. Only necessary repairs that are not structural and that follow the Uniform Code are excused1.

The New York State Uniform Fire Prevention and Building Code is the controlling code for construction in Colden5. Applications go in on town-designated forms, in triplicate, and must satisfy the State Building Code and the Erie County Sanitary Code9.

The town sets its fees by resolution, and the current schedule is kept at the Town Clerk's office, the Code Enforcement Office and on the town website10. We could not confirm a dollar figure, so ask the Building Department before you budget.

Who issues building permits in the Town of Colden, and how do you reach them?

The Colden Building Department, staffed by Code Enforcement Officers, handles building permits, inspections and certificates of occupancy for the Town of Colden11. The office phone is (716) 863-026911. Town Hall is at 8812 State Road, Colden, NY 1403312.

Permitted work is inspected before it is enclosed or covered, and again at each stage of construction, from site preparation and foundation through framing, electrical, plumbing and heating. The owner, applicant or agent must notify the Code Enforcement Officer to schedule each inspection13.

A certificate of occupancy is required before a new or altered building is used or occupied7. Erie County Department of Health written approval is needed before the town can issue it7.

Does the Town of Colden have zoning, and what does it mean for RVs, tiny homes and setbacks?

Yes. The Town of Colden has its own zoning chapter, Chapter 108 of the town code, and it divides the town into zoning districts2. The published districts are R-1 Single-Family Residence, R-2 General Residence, R-RB Residence-Restricted Business, AG Agricultural and C Commercial3. Erie County itself does not zone; New York gives zoning power to cities, towns and villages, not counties14.

We could not confirm the lot-size, setback, height or minimum-dwelling-size numbers for each district, so look up your parcel's district before you buy. We also could not confirm any Colden rule on living in an RV, tiny homes, manufactured homes, accessory dwellings or short-term rentals. Ask the Code Enforcement Officer before assuming any of these is allowed.

Farm operations inside a state agricultural district are protected from unreasonable local restrictions, but that protection is not a blanket exemption15.

How do septic permits work inside the Town of Colden?

The Erie County Department of Health, not the Town of Colden, reviews septic plans and issues the construction permit16. A new home that needs an onsite wastewater system requires a licensed design professional, an engineer's report and plans, an application and a $300 fee6.

A design professional completes one or more inspections during construction and submits construction compliance before final approval17. In Colden, the town cannot issue the certificate of occupancy until the county health department has approved in writing18.

USDA rates only a small share of soils in Erie County as not limited for a conventional drain field19. Conventional drain fields rate poorly here, so expect a site evaluation and possibly an engineered system. Call the Division of Environmental Health at 716-961-680020.

Building a home in the Town of Colden: the steps, in order

  1. Ask the Building Department which zoning district your parcel is in and what it allows11.
  2. If you plan to subdivide, review Colden's subdivision chapter first; it requires land to be suitable for building without danger to health, fire or flood21.
  3. Hire a design professional and apply to the Erie County Department of Health for the septic construction permit6.
  4. Apply to the Code Enforcement Officer for a building permit on the town's forms9.
  5. Schedule inspections at each stage before work is covered13.
  6. Obtain the certificate of occupancy before moving in7.

If you act as your own general contractor on an owner-occupied one- to four-family home, state guidance may require workers' compensation form BP-1 with the permit; for new construction of your own primary or secondary residence, BP-1 may not be filed8. We could not find a Colden-specific owner-builder rule.

What stays with Erie County, and what to check before you buy in Colden

Septic permits and property-transfer certifications are county matters: Erie County requires a Property Transfer Certification before title transfers on properties served by a septic system or private well4. For land outside the Town of Colden, see the Erie County page.

If the lot fronts a state highway, building or changing a driveway needs a permit from the NYS Department of Transportation22. We could not confirm a Colden driveway rule for town roads, so ask the Building Department.

We also could not confirm a private-well rule or the town's floodplain permit details. The state requires local floodplain development permits in mapped flood hazard areas23, so ask the Code Enforcement Officer whether your parcel is mapped.

Watch-outs

  • Colden's zoning chapter was amended by local laws after its 1997 reenactment, so confirm current district rules with the Building Department2.
  • A building permit does not replace county septic approval; the town cannot issue a certificate of occupancy until Erie County Department of Health approves in writing18.
  • Colden zoning is set by the town itself, and we could not confirm its rules on RVs, tiny homes, camping, accessory dwellings or minimum dwelling size; call the Code Enforcement Officer before buying2.

Sources

  1. Town of Colden Code, Chapter 26, Building Construction (Town of Colden), quoted and re-checked
  2. Town of Colden Code, Chapter 108, Zoning (Town of Colden), quoted and re-checked
  3. Town of Colden Code, Chapter 108, Zoning (Town of Colden), quoted and re-checked
  4. Septic and Onsite Wastewater Systems, quoted and re-checked
  5. Town of Colden Code, Chapter 26, Building Construction (Town of Colden), quoted and re-checked
  6. Septic and Onsite Wastewater Systems, quoted and re-checked
  7. Town of Colden Code, Chapter 26, Building Construction (Town of Colden), quoted and re-checked
  8. Workers’ Compensation Requirements for Government Issued Permits, Licenses and Contracts, quoted and re-checked
  9. Town of Colden Code, Chapter 28, Building Inspector and Enforcement Officer (Town of Colden), quoted and re-checked
  10. Town of Colden Code, Chapter 28, Building Inspector and Enforcement Officer (Town of Colden), quoted and re-checked
  11. Town of Colden Building Department (Code Enforcement Officers) (townofcolden.com)
  12. Colden Town Hall (townofcolden.com)
  13. Town of Colden Code, Chapter 26, Building Construction (Town of Colden), quoted and re-checked
  14. documents.dps.ny.gov (New York statewide rule), quoted and re-checked
  15. New York Agriculture & Markets Law § 305-a — Coordination of local planning and land use decision-making with the agricultural districts program (New York statewide rule), quoted and re-checked
  16. Septic and Onsite Wastewater Systems, quoted and re-checked
  17. Septic and Onsite Wastewater Systems, quoted and re-checked
  18. Town of Colden Code, Chapter 28, Building Inspector and Enforcement Officer (Town of Colden), quoted and re-checked
  19. Share of soils USDA rates "not limited" for a conventional septic drain field (SSURGO). A strict rating: the median county is about 6% and a tenth of counties are 0%, so a low figure means most lots need a site evaluation or an engineered system, not that septic is impossible. Cite it only with that caveat: Bolthole Index county data
  20. Erie County Department of Health — Division of Environmental Health (www3.erie.gov)
  21. Town of Colden Code, Chapter 92, Subdivision of Land (Town of Colden), quoted and re-checked
  22. Residential Driveway Permits (New York statewide rule), quoted and re-checked
  23. Floodplain Management - NYSDEC (New York statewide rule), quoted and re-checked

Written October 24, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.

Answers from the rulebook for Town of Colden

Town of Colden’s own rules

  • Building permitRequired

    Erection, construction, enlargement, alteration, improvement, removal, demolition, and heating-equipment installation for buildings or structures inside the Town of Colden.

    • Necessary nonstructural repairs performed in conformance with the Uniform Code do not require a permit.
    • A complete application and conformity with the Uniform Code are required before issuance.
    “No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, removal or demolition of any building or structure nor install heating equipment without having applied for and obtained a permit from the Code Enforcement Officer. However, no permit shall be required for the performance of necessary repairs which are not of a structural nature and which are done in conformance with the Uniform Code.”
  • Building code adoptedAdopted (with conditions)

    Building construction inside the Town of Colden.

    • The Town code identifies the New York State Uniform Fire Prevention and Building Code as the controlling provisions.
    “Pursuant to Article 18 of the Executive Law, the New York State Uniform Fire Prevention and Building Code will be the controlling provisions in regard to building construction in the Town of Colden.”
  • InspectionsRequired

    Work performed under a Town of Colden building permit.

    • Inspection is required before enclosing or covering work and at completion of each construction stage.
    • The owner, applicant, or agent must notify the Code Enforcement Officer and schedule the inspection.
    “Work for which a building permit has been issued under this chapter shall be inspected for approval prior to enclosing or covering any portion thereof and upon completion of each stage of construction including, but not limited to, building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing and heating and air conditioning.”
  • Certificate of occupancyRequired

    New, enlarged, extended, altered, or permit-work buildings and changes of occupancy inside the Town of Colden.

    • A temporary certificate may be issued for a sufficiently complete building; it expires after six months but may be renewed indefinitely.
    • A certificate requires an inspection without uncorrected deficiency or material Uniform Code violation and payment of the appropriate fee.
    • Erie County Department of Health written approval is required before issuance under Chapter 28.

    temporary certificate duration: 6 months (May be renewed an indefinite number of times.)

    “No building erected subject to the Uniform Code and this chapter shall be used or occupied, except to the extent provided in this section, until a certificate of occupancy has been issued.”
  • Local zoningPresent (with conditions)

    Land inside the Town of Colden.

    • Chapter 108 was amended by local laws after its 1997 reenactment.
    “The area of the Town of Colden is hereby divided into the following zoning districts:”
  • Zoning districtsPublished (with conditions)

    Zoning districts inside the Town of Colden.

    • The published zoning chapter identifies R-1 Single-Family Residence, R-2 General Residence, R-RB Residence-Restricted Business, AG Agricultural, and C Commercial districts.
    “The area of the Town of Colden is hereby divided into the following zoning districts:”
  • Subdividing landRegulated (with conditions)

    Land subdivisions inside the Town of Colden.

    • Subdivision land must be suitable for building without danger to health, fire, flood, or other menace.
    • The chapter calls for drainage, water, sewerage, and other needed improvements.
    “In order that land may be subdivided in accordance with this policy, these regulations are hereby adopted.”
  • Permit feesVariable (with conditions)

    Town of Colden building permits.

    • The Town sets fees and fines by resolution.
    • Current fee schedules are stated to be on file in the Town Clerk's office, Code Enforcement Office, and on the Town website.
    • An unapproved application receives a 50% refund only if construction has not commenced.

    unapproved application refund: 50 percent (Only if no construction has commenced.)

    “Editor's Note: Pursuant to Res. No. 2018-04, adopted 4-12-2018, the Town will set fees and fines by resolution. Current fee schedules are on file in the Town Clerk's office and the Code Enforcement Office and on the Town website.”
  • Permit processPublished (with conditions)

    Town of Colden building-permit applications.

    • Applications must comply with the State Building Code and pertinent health laws and regulations, including the Erie County Sanitary Code.
    • Applications are made in triplicate on Town-designated forms.
    • An owner authorization affidavit is required when a non-owner applies.
    “No building or structure shall be erected, added to, structurally altered or changed in use or occupancy until a permit therefor has been issued by the Building Inspector. All applications for such permits shall be in accordance with the requirements of the State Building Code and with all pertinent health laws and regulations, including the Erie County Sanitary Code. Such applications shall be made, in triplicate, on appropriate forms designated by the town.”

Rules another office applies inside Town of Colden

Town of Colden 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)

    Certificate-of-occupancy approval for land and buildings inside the Town of Colden.

    • The Town Building Inspector cannot issue the specified certificate until written Erie County Department of Health approval is granted.
    “Once the application, fee, engineer’s report, and plans are received, the project will be reviewed by Erie County Department of Health staff to determine if the plan meets Health Department regulations. Once it is determined that the plans meet Health Department regulations, the Department will issue a construction permit.”

Still unanswered

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

  • Owner-builder exemption — Owner-built construction inside the Town of Colden.
  • Minimum dwelling size — Dwellings inside the Town of Colden.
  • Minimum lot size — Residential lots inside the Town of Colden.
  • Setbacks — Buildings inside the Town of Colden.
  • Lot coverage — Lots inside the Town of Colden.
15 more unanswered
  • Building height
  • Living in an RV
  • Camping on your land
  • Tiny homes
  • Manufactured homes
  • Accessory dwellings
  • Septic permit
  • Septic inspection
  • Off-grid sanitation
  • Well permit
  • Mandatory utility hookup
  • Agricultural exemption
  • Driveway access
  • Building in a floodplain
  • 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 Colden publishes no rule on the point, not that none exists. Erie County’s page lists the county offices to call.

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