Bolthole Index

Westchester County, New York

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

The Town of Yorktown, New York has its own zoning code1, and the town Building Department issues building permits and certificates of occupancy2. New York State requires building permits for work covered by the Uniform Code3. Septic systems are reviewed by the Westchester County Department of Health, not the town4.

At a glance

Building permit
Required under the state Uniform Code; issued by the Town of Yorktown Building Department32
Zoning
Yorktown has its own zoning code with a published district map15
R1-40 minimum lot
40,000 square feet for a one-family dwelling6
R1-40 minimum home size
1,000 square feet of usable floor area7
Septic
Westchester County Department of Health reviews and permits new systems4
Accessory apartment
Possible by Zoning Board of Appeals approval inside an existing single-family home8

Who to call

Building permits

Town of Yorktown Building Department

Building permits, certificates of occupancy and zoning enforcement inside the Town of Yorktown

914-962-5722 x233

363 Underhill Avenue Yorktown Heights, NY 10598

Septic permits

Westchester County Department of Health, Realty Subdivision and Land Development Review

Reviews and permits every subdivision plan and new subsurface sewage treatment system across Westchester County

148 Martine Avenue, White Plains, NY 10601

Septic permits

Westchester County Department of Health, Septic System Management

Licenses septic contractors and runs the county's septic repair programs

(914) 995-7285

148 Martine Avenue, White Plains, NY 10601

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 Yorktown means bringing your own water and power. The kit we’d start with:

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Does Yorktown, NY have zoning, and what does it mean for lot size and setbacks?

Yes. The Town of Yorktown adopted its own zoning chapter, and the town publishes a district map and a list of residence districts from R1-200 down to R-3A15. Westchester County does not set zoning for towns; each city, town and village does9.

Rules depend on the district. In the R1-40 district, a one-family dwelling needs a 40,000 square foot lot6, and a dwelling needs at least 1,000 square feet of usable floor area7. A main building in R1-40 needs a 50 foot front yard, 20 feet on each side and a 50 foot rear yard10. Buildings may cover no more than 15 percent of the lot11, and a main building may rise to 35 feet12. Other districts have different numbers, so find your parcel's district on the Yorktown zoning map before you plan.

An accessory apartment inside an existing single-family home needs approval from the Yorktown Zoning Board of Appeals8.

Do you need a building permit in Yorktown, and who issues it?

Yes for work covered by the state code. New York requires a building permit for work that must conform to the Uniform Code, with limited exemptions such as small detached sheds3. In Yorktown, the Building Department interprets and enforces the zoning ordinances and state building codes and issues building permits and certificates of occupancy2.

Applications filed on or after December 31, 2025 must comply with the 2025 state codes2. A certificate of occupancy is required for work that needed a permit13. Some projects, such as larger commercial buildings and land development, are also referred to the town's Advisory Board on Architecture and Community Appearance within seven days14.

The Building Department's contact details are in the offices list below. We could not confirm the town's own permit fee schedule; the Building Department posts a master fee schedule, so ask for the current figures.

How do septic permits work in Yorktown?

Septic permits do not come from the town. The Westchester County Department of Health reviews and permits every new subsurface sewage treatment system and subdivision plan in the county, including Yorktown4. The same department licenses the contractors who install and repair systems15.

Soil matters here. Only about 10 percent of Westchester County soils rate as not limited for a conventional drain field, so expect a site evaluation and possibly an engineered system16. For an alternative system, the state or county health official must approve the plans before construction17.

We could not confirm whether the town's own sewer or septic chapter adds requirements, or whether public sewer connection is mandatory at your address. Ask the Building Department and the County Department of Health before you rely on a septic design.

Can you live in an RV or tiny home in Yorktown?

We could not confirm a Yorktown rule on living in an RV, a tiny home or a manufactured home on private land. The town's zoning applies to every parcel1, and the 1,000 square foot minimum in R1-40 suggests that a very small dwelling will not meet the standard in that district7. Call the Building Department at 914-962-5722 x233 before buying a trailer or small structure to live in2.

Building a home in Yorktown: the steps, in order

  1. Find the parcel's zoning district on the town zoning map and check lot size, setbacks and coverage5.
  2. Ask the Building Department what the town requires for your project and which code edition applies2.
  3. Get septic plans reviewed and permitted by the Westchester County Department of Health4.
  4. Apply for the building permit with the Building Department2.
  5. Keep work exposed until it is inspected and accepted18.
  6. Obtain the certificate of occupancy before moving in13.

What stays with Westchester County, and what to check before you buy in Yorktown

Septic review and contractor licensing stay with the Westchester County Department of Health4. For land outside the town, see the Westchester County page.

Before you buy, check flood mapping: private development in a mapped flood hazard area needs a local floodplain permit19. A driveway onto a state highway needs a New York State Department of Transportation permit20. Westchester County's effective property tax rate is 1.6 percent21.

Watch-outs

  • Subdividing land in Yorktown is regulated by the town's planning process and we could not confirm the details; ask the Planning Department before splitting a lot22.
  • Westchester County licenses home improvement contractors, so check a contractor's license before hiring23.
  • We could not confirm Yorktown rules on wells, short-term rentals or owner-builder work; ask the Building Department2.

Sources

  1. Chapter 300: Zoning - Town of Yorktown, NY (Town of Yorktown), quoted and re-checked
  2. Town of Yorktown Building Department (yorktownny.gov)
  3. Part 1203 Uniform Code and the Energy Code: Minimum Standards for Administration and Enforcement (New York statewide rule), quoted and re-checked
  4. Westchester County Department of Health, Realty Subdivision and Land Development Review (health.westchestercountyny.gov)
  5. Chapter 300: Zoning - Town of Yorktown, NY (Town of Yorktown), quoted and re-checked
  6. Chapter 300 Attachment 1: Appendix A, Residence Zone Standards (Town of Yorktown), quoted and re-checked
  7. Chapter 300 Attachment 1: Appendix A, Residence Zone Standards (Town of Yorktown), quoted and re-checked
  8. Chapter 300, Article VII: Permitted Special Uses (Town of Yorktown), quoted and re-checked
  9. Director of Code Enforcement, quoted and re-checked
  10. Chapter 300 Attachment 1: Appendix A, Residence Zone Standards (Town of Yorktown), quoted and re-checked
  11. Chapter 300 Attachment 1: Appendix A, Residence Zone Standards (Town of Yorktown), quoted and re-checked
  12. Chapter 300 Attachment 1: Appendix A, Residence Zone Standards (Town of Yorktown), quoted and re-checked
  13. Part 1203 Uniform Code and the Energy Code: Minimum Standards for Administration and Enforcement (New York statewide rule), quoted and re-checked
  14. ecode360.com (Town of Yorktown), quoted and re-checked
  15. Westchester County Department of Health, Septic System Management (health.westchestercountyny.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. NYS Register March 18, 2015 Rule Making Activities — Standards for Individual Onsite Water Supply and Individual Onsite Wastewater Treatment Systems (New York statewide rule), quoted and re-checked
  18. Part 1203 Uniform Code and the Energy Code: Minimum Standards for Administration and Enforcement (New York statewide rule), quoted and re-checked
  19. Floodplain Management - NYSDEC (New York statewide rule), quoted and re-checked
  20. Residential Driveway Permits (New York statewide rule), quoted and re-checked
  21. Effective property tax rate: Bolthole Index county data
  22. Town Law § 276: Subdivision review; approval of plats; development of filed plats (New York statewide rule), quoted and re-checked
  23. Consumer Alert: NYS Department of State’s Division of Consumer Protection Provides New Yorkers with Tips for Avoiding Home Improvement Scams (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 Yorktown

Town of Yorktown’s own rules

  • Local zoningPresent (with conditions)

    Land inside the Town of Yorktown, New York.

    • The code states that its requirements are minimum requirements.
    • Chapter 300 has been amended as noted in the adopted code.
    “[HISTORY: Adopted by the Town Board of the Town of Yorktown 4-29-1975 as Ch. 90 of the 1975 Code. Amendments noted where applicable.]”
  • Zoning districtsPublished (with conditions)

    Zoning districts inside Yorktown town limits.

    • The ordinance includes an Article III titled Establishment of Districts and a zoning-map provision.
    • The attached residence-zone schedule lists R1-200, R1-160, R1-80, R1-40, R1-20, R1-10, R-2, R-2A, R-3, R-3A, RSP-1, and RSP-2.
    “Article III Establishment of Districts § 300-4 Districts established. § 300-5 District classification. § 300-6 Zoning Map established.”
  • Accessory dwellingsLimited

    Accessory dwelling units in single-family homes inside Yorktown town limits.

    • The provision appears in Article VII, titled Permitted Special Uses; operative eligibility, approval, and dimensional conditions require the full text of § 300-38.
    “The Zoning Board of Appeals of the Town of Yorktown may permit the construction of an accessory dwelling unit within an existing single-family home pursuant to the following standards.”
  • Permit processPartial

    Certain building and land-development applications inside Yorktown town limits.

    • This evidence addresses ABACA referral only, not the complete building-permit process.
    • The application must conform in all respects to other applicable laws and ordinances.

    ABACA referral deadline: <= 7 days (after submission of a conforming covered application)

    “Every application for a building permit for the construction, reconstruction or alteration of any structure in excess of 1,000 cubic feet of cubical contents proposed for construction and every application for the development or subdivision of land, except as it affects single- or two-family residences and residential accessory structures on individual properties, and any such application for a building permit, land use or any other development within the Town of Yorktown filed with the Town Board, Planning Board, Zoning Board of Appeals or Building Inspector shall be referred by the referring agent to the ABACA within seven days of the submission of the application, provided that it conforms in all respects to all other applicable laws and ordinances.”

Rules another office applies inside Town of Yorktown

Town of Yorktown does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

  • Minimum dwelling sizeSpecified

    A dwelling unit in Yorktown's R1-40 residence district.

    • Appendix A says its standards are minimum requirements unless otherwise indicated.
    • The schedule has separate standards for other residence districts.

    minimum usable floor area of dwelling unit: 1000 square feet (R1-40 district)

    “Minimum usable floor area of dwelling unit (square feet) 1,200 1,200 1,200 1,000 800 800 600 600 - - -”
  • Minimum lot sizeSpecified

    A one-family dwelling in Yorktown's R1-40 residence district.

    • Appendix A says its standards are minimum requirements unless otherwise indicated.
    • The schedule includes a separate two-family-dwelling standard in the R1-20 column.

    minimum lot area: 40000 square feet (R1-40 district)

    “Lot area (square feet) 200,000 160,000 80,000 40,000 20,000 20,000”
  • SetbacksSpecified

    A main building in Yorktown's R1-40 residence district.

    • Appendix A says its standards are minimum requirements unless otherwise indicated.
    • On streets with less than a 50-foot right-of-way, the front-yard setback is measured from the roadway center line and 25 feet is added.
    • The schedule contains separate provisions for accessory buildings.

    front yard: 50 feet (R1-40 main building) · side yard, either side: 20 feet (R1-40 main or accessory building) · rear yard: 50 feet (R1-40 main building)

    “Front yard (feet)175 75 75 50 40 30 30 50 50 50 [...] Main or accessory building, minimum either side 30 30 30 20 15 12 10 50 50 - - 50 [...] Main building 75 75 75 50 40 30 30 50 50 - -”
  • Lot coverageSpecified

    A lot in Yorktown's R1-40 residence district.

    • Appendix A says its standards are minimum requirements unless otherwise indicated.
    • The schedule identifies this as coverage for all buildings.

    maximum building coverage of actual lot area: 15 percent (all buildings in R1-40)

    “Maximum building coverage of actual lot area (all buildings) 10% 10% 10% 15% 20% 25% 25% 20% 20% - - -”
  • Building heightSpecified

    A main building in Yorktown's R1-40 residence district.

    • Appendix A says its standards are minimum requirements unless otherwise indicated.
    • The 55-foot exception in the schedule applies only to main buildings on sites greater than 25 acres.

    maximum height: 35 feet (R1-40 main building) · maximum height: 55 feet (main building on a site greater than 25 acres)

    “Main building 35 35 35 35 35 35 35 35 40 - - 45 [...] On sites greater than 25 acres, maximum height (feet) may be increased to 55 feet for main buildings.”

Still unanswered

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

  • Building permit — New residential construction inside Yorktown town limits.
  • Owner-builder exemption — Owner-built residential construction inside Yorktown town limits.
  • Building code adopted — Building construction inside Yorktown town limits.
  • Inspections — Residential construction inside Yorktown town limits.
  • Certificate of occupancy — Residential buildings inside Yorktown town limits.
16 more unanswered
  • Living in an RV
  • Camping on your land
  • Tiny homes
  • Manufactured homes
  • Who permits septic
  • Septic permit
  • Septic inspection
  • Off-grid sanitation
  • Well permit
  • Mandatory utility hookup
  • Agricultural exemption
  • Subdividing land
  • Driveway access
  • Building in a floodplain
  • Short-term rentals
  • Permit fees

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 Yorktown publishes no rule on the point, not that none exists. Westchester County’s page lists the county offices to call.

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