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

At a glance

Building permit

Required for work covered by the NY Uniform Code; the town Building Department issues it³²

Zoning

Yes, the town zones all land inside its limits¹

Zoning districts

RU, R-1, B-1, DR, PUD, FP, CAL-B-1, CAL-R-1 and DC⁵

Septic

Approved by a state or county health department; NYC DEP also reviews in the watershed⁴⁶

Tiny homes

Must follow the state Residential Code Appendix BB; permits, zoning and septic still apply⁷

Subdivision

Regulated by the town's subdivision regulations⁸

Property tax (Sullivan County)

2.2% effective rate⁹

Who to call

Contact details are copied from each office’s official page and were checked against it on October 14, 2026.

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

Yes for most construction. The Town of Delaware administers and enforces the New York State Uniform Fire Prevention and Building Code and the state energy code inside the town². State rules require a building permit for work that must conform to the Uniform Code³.

The state lets a town exempt small items such as a one-story detached shed of 144 square feet or less³. We could not confirm which exemptions the Town of Delaware actually adopted, so ask the Building Department before skipping a permit on any structure.

After a permit-required project, a certificate of occupancy or compliance is required¹⁰.

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

The town's own Building Department handles building permits, not Sullivan County. Call 845-887-5250, ext. 103 or email buildings@townofdelawareny.gov; the department asks callers to phone to schedule an appointment¹¹. Town Hall is at 104 Main Street, Hortonville¹¹.

The town's forms page lists a building permit application, plot plan, building fee schedule, inspection notification and a driveway permit application¹². We could not confirm the fee amounts, so read the posted fee schedule before you apply.

Sullivan County's planning division gives towns technical help but does not issue building permits or set zoning itself.

Does the Town of Delaware have zoning, and what does it mean for lot size and setbacks?

Yes. Zoning applies to all land inside the Town of Delaware under Chapter 220 and its schedule of district regulations¹. The town's districts are RU rural, R-1 residential, B-1 business, DR Delaware River, PUD planned unit development, CAL-B-1 and CAL-R-1 for Callicoon, plus the FP floodplain and DC Downtown Callicoon overlays⁵.

In the DC overlay the front yard is 0 feet on Main Street and School Street, side yards are 5 feet each and the rear yard is 10 feet¹³. Maximum lot coverage there is 100% and maximum building coverage is 85%¹⁴.

We could not confirm minimum lot size or setbacks in the rural and residential districts. Ask the Building Department which district a parcel is in.

How do septic permits work in the Town of Delaware?

Building permits come from the town, but septic approval does not. In this part of New York, plans for a septic system are approved by a New York State Department of Health district office or a county health department⁴. Start with the Sullivan County Public Health Department front desk at 845-292-5910¹⁵.

Parcels in the New York City watershed portion of Sullivan County also need review and approval from NYC DEP⁶. We could not confirm whether the town adds its own septic rules.

Soils matter: only 0.6% of Sullivan County's soils rate as not limited for a conventional drain field, so expect a site evaluation and often an engineered system¹⁶.

Can you live in an RV or tiny home in the Town of Delaware?

We could not confirm what the Town of Delaware allows for living in an RV; the town has a campgrounds and RV parks chapter, but the use rules for a private parcel are unconfirmed. Ask the Building Department before parking an RV for living.

Tiny houses built to Appendix BB of the New York Residential Code are exempt from certain occupancy limits, but building permits, local zoning and septic requirements still apply⁷. A manufactured home needs a building permit, a certificate of occupancy and a certified installer¹⁷.

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

1. Ask the Building Department which zoning district the parcel is in and what it allows⁵¹¹.
2. Contact the Sullivan County Public Health Department about septic approval, and NYC DEP if the parcel is in the watershed¹⁵⁶.
3. If the driveway meets a state highway, get a permit from the NYS Department of Transportation¹⁸. For a town road, use the town's driveway permit application¹².
4. Apply for the building permit with the plot plan¹².
5. Schedule inspections and obtain a certificate of occupancy¹⁰.

What stays with Sullivan County, and what to check before you buy in the Town of Delaware?

The county page covers land outside the town; see Sullivan County. Septic and health matters stay with the county or state health office, and floodplain development in FEMA-mapped flood areas needs a local floodplain development permit¹⁹; the town's FP overlay is shown on FEMA maps⁵.

Selling off lots has its own rule: a fifth residential lot offered within three years pulls the earlier lots under state Realty Subdivision law²⁰, and the town regulates subdivisions locally⁸.

Sullivan County's effective property tax rate is 2.2%⁹.

Watch-outs

• Septic approval comes from a health department, not the Town Building Department⁴.
• We could not confirm the town's permit exemptions, fee amounts, RV rules or minimum lot sizes; ask the Building Department at 845-887-5250, ext. 103¹¹.
• A driveway onto a state highway needs a NYS Department of Transportation permit¹⁸.

Sources

1. Town of Delaware, NY Code (eCode360) table of contents (Town of Delaware), quoted and re-checked
2. Town of Delaware Ch. 116 Construction codes, uniform (Town of Delaware), quoted and re-checked
3. Part 1203 Uniform Code and the Energy Code: Minimum Standards for Administration and Enforcement (New York statewide rule), quoted and re-checked
4. dec.ny.gov, quoted and re-checked
5. Town of Delaware Ch. 220 Art. III Establishment of zoning districts and zoning map (Town of Delaware), quoted and re-checked
6. Regulations - DEP, quoted and re-checked
7. 2025 Property Maintenance Code of New York State, quoted and re-checked
8. Town of Delaware Ch. 186 Subdivision of land, Art. I (Town of Delaware), quoted and re-checked
9. Effective property tax rate: Bolthole Index county data
10. Legal Memorandum LG03: NYS Uniform Fire Prevention and Building Code, quoted and re-checked
11. Town of Delaware Building Department (townofdelawareny.gov)
12. Town of Delaware forms and permits page (townofdelawareny.gov)
13. Town of Delaware Ch. 220 Art. IV District regulations (Town of Delaware), quoted and re-checked
14. Town of Delaware Ch. 220 Art. IV District regulations (Town of Delaware), quoted and re-checked
15. Sullivan County Public Health Department (sullivanny.gov)
16. 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
17. Division of Building Standards and Codes Frequently Asked Questions, quoted and re-checked
18. Residential Driveway Permits (New York statewide rule), quoted and re-checked
19. Floodplain Management - NYSDEC (New York statewide rule), quoted and re-checked
20. REALTY SUBDIVISIONS: Frequently Asked Questions, quoted and re-checked

Written October 14, 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.