ADU · Albany County
Can you build an ADU in New Scotland, NY?
Town of New Scotland has 13 districts. All districts prohibit ADUs. Check your address to confirm the district that applies to your parcel:
What the New Scotland code says
New Scotland's zoning law has no accessory dwelling unit of any kind, in any district. The second-household route here is a two-family dwelling, a special use in seven districts and available by right in two of the three hamlet sub-districts.
Conditions the code attaches:
- A two-family dwelling is a special use in Residential Forestry, Residential Agricultural, Medium Density Residential, Residential - 2 Acre, Residential Hamlet, Commercial Hamlet and Commercial.
- A two-family dwelling is permitted by right in HD and DA, and not permitted in HC.
- Occupancy in RSCH is limited to persons 55 or over, with named exceptions, so a second household there is not lettable to a general tenant.
- The building department can be reached at (518) 439-9153.
What the New Scotland code indicates by district
The table below shows how each district treats ADUs, alongside the lot and setback standards that govern a second unit. District boundaries and conditions vary, so treat this as a starting point and confirm the district that applies to your parcel.
| District | Min lot | Setbacks F / S / R | Max height | ADU |
|---|---|---|---|---|
| Commercial Hamlet | 0.23 ac | 30 / 15 / 30 ft | 45 ft | No |
| Commercial | 0.76 ac | 50 / 25 / 25 ft | 45 ft | No |
| Development Area | 0.23 ac | 5 / 5 / 20 ft | 40 ft | No |
| Hamlet Center | 0.23 ac | 5 / 10 / 5 ft | 40 ft | No |
| Hamlet Expansion | 0.11 ac | 5 / 0 / 20 ft | 35 ft | No |
| Industrial | 0.92 ac | 40 / 25 / 30 ft | 45 ft | No |
| Medium Density Residential | 0.51 ac | 40 / 25 / 30 ft | 35 ft | No |
| Mixed Economic Development Distr | 0.23 ac | 10 / 10 / 10 ft | 60 ft | No |
| Residential - 2 Acre | 2 ac | 50 / 25 / 50 ft | 35 ft | No |
| Residential Agricultural | 0.69 ac | 40 / 25 / 30 ft | 35 ft | No |
| Residential Forestry | 3 ac | 50 / 50 / 50 ft | 35 ft | No |
| Residential Hamlet | 0.23 ac | 30 / 15 / 30 ft | 35 ft | No |
| Residential Senior Citizen Distr | 0.23 ac | — | 35 ft | No |
Commercial Hamlet - These figures assume public water and public sewer. With water or sewage handled on the lot the lot minimum doubles from 10,000 sq ft to 20,000, and the land per family rises from 7,500 sq ft to 10,000.
- A house is held to two storeys and 35 ft where a commercial building may reach three storeys and 45 ft.
- The commercial table caps the building area of each store at 4,000 sq ft.
- Land inside a federal or state designated wetland, and land on a slope steeper than 17%, do not count toward the minimum lot area.
- Where the street right-of-way is under 50 ft or its line is unknown, the front yard is measured from a point 25 ft from the centre line of the roadway (§ 190-29C).
- An unattached accessory structure may not stand in the front setback or within 5 ft of any other property line, and is capped at 20 ft tall.
- The 50% coverage figure comes from § 190-29A rather than the district table, which publishes none.
Commercial - A dwelling takes the same 33,000 sq ft lot and 120 ft of width as a shop but shallower yards, 30 ft front, 15 ft sides and 30 ft rear, ten feet narrower at the sides, plus 30,000 sq ft of land per family.
- With water or sewage handled on the lot the minimum becomes 44,000 sq ft on 140 ft of width, and 40,000 sq ft of land per family for a dwelling.
- A dwelling is held to two storeys and 35 ft where a commercial building may reach three storeys and 45 ft.
- Add 30 ft to the front setback on a state road, measured from the filed right-of-way line or, where no plan is filed, from a line 25 ft from the centre line of the travelled way.
- Land inside a federal or state designated wetland, and land on a slope steeper than 17%, do not count toward the minimum lot area.
- Where the street right-of-way is under 50 ft or its line is unknown, the front yard is measured from a point 25 ft from the centre line of the roadway (§ 190-29C).
- An unattached accessory structure may not stand in the front setback or within 5 ft of any other property line, and is capped at 20 ft tall.
Development Area - Utilities decide the lot size here: a house needs 10,000 sq ft on public water and sewer, one acre with public water but no centralised sewer, and two acres with neither. The table also sets a maximum, 30,000 sq ft for a detached house.
- The front setback is a build-to band, 5 ft minimum and 20 ft maximum for a house and 35 ft for a commercial building, measured from the back of the sidewalk or shared-use path.
- A semi-attached unit needs 3,500 sq ft and an attached one 2,500 sq ft, and neither may exceed 5,000 sq ft; a two-family needs 6,000 sq ft and no more than 10,000.
- Multifamily needs three acres of net buildable lot however the utilities fall, is capped at 4 units per net buildable acre, 8 per building and 40 in total, and each unit needs 500 sq ft.
- The 60% is a cap on impervious surface rather than the building footprint, it rises to 75% for attached single-family dwellings, and a commercial footprint may reach 40,000 sq ft.
- Where development adjoins single-family or two-family housing the side and rear setbacks become 30 ft for a structure up to 15 ft tall, plus 10 ft for every further 10 ft or storey of height.
- A viewshed setback along Route 85A takes 50 ft where buildings are placed to keep views between or around them and 100 ft where they are not.
Hamlet Center - Multifamily is the only housing this district allows, and it takes a special permit, granted only as a mixed-use building with no dwelling unit on the first floor, on at least three acres of net buildable land.
- Multifamily is capped at 4 units per net buildable acre, 8 units per building and 40 units in total unless a density bonus is granted, and each unit needs at least 500 sq ft.
- Multifamily is not allowed at all unless public water and public or private centralised sewer exists or is provided for.
- The front setback is a build-to band, 5 ft minimum and 15 ft maximum, measured from the back of the sidewalk or shared-use path.
- The 10 ft side yard is the commercial figure; a residential building takes 0 ft, and no side yard at all is required where two or more commercial uses adjoin side to side.
- Where development adjoins single-family or two-family housing the side and rear setbacks become 30 ft for a structure up to 15 ft tall, plus 10 ft for every further 10 ft or storey of height.
- A viewshed setback along Route 85A takes 50 ft where buildings are placed to keep views between or around them and 100 ft where they are not.
Hamlet Expansion - Utilities decide the lot size: a house needs 5,000 sq ft on public water and sewer, one acre with public water but no centralised sewer, and two acres with neither. There is a maximum too, 10,000 sq ft for a detached house.
- The front setback is a build-to band, 5 ft minimum and 20 ft maximum for a house and 25 ft for a commercial building, measured from the back of the sidewalk or shared-use path.
- A semi-attached unit needs 3,500 sq ft and an attached one 2,500 sq ft, and neither may exceed 5,000 sq ft; a two-family needs 6,000 sq ft and no more than 10,000.
- Multifamily needs three acres of net buildable lot however the utilities fall, is capped at 4 units per net buildable acre, 8 per building and 40 in total, and each unit needs 500 sq ft.
- The zero side yard is the residential figure; a nonresidential lot needs 10,000 sq ft, keeps a 10 ft side yard, and its footprint is capped at 20,000 sq ft.
- The 60% is a cap on impervious surface rather than on the building footprint, and it rises to 75% for attached single-family dwellings.
- A viewshed setback along Route 85A takes 50 ft where buildings are placed to keep views between or around them and 100 ft where they are not.
Industrial - A dwelling needs less land here than a factory, not more: 33,000 sq ft on 130 ft of width against 40,000 sq ft on 160 ft, with a 30 ft front yard and 30,000 sq ft of land per family.
- With water or sewage handled on the lot an industrial lot needs 50,000 sq ft on 200 ft of width, and a dwelling 44,000 sq ft on 140 ft with 40,000 sq ft of land per family.
- A dwelling is held to two storeys and 35 ft where an industrial building may reach three storeys and 45 ft.
- Land inside a federal or state designated wetland, and land on a slope steeper than 17%, do not count toward the minimum lot area.
- Where the street right-of-way is under 50 ft or its line is unknown, the front yard is measured from a point 25 ft from the centre line of the roadway (§ 190-29C).
- An unattached accessory structure may not stand in the front setback or within 5 ft of any other property line, and is capped at 20 ft tall.
- A nonresidential accessory structure must meet the principal building's front and side yards and keep 10 ft from the rear line.
Medium Density Residential - With one service on the lot and the other public, the lot minimum rises from 22,000 sq ft to 30,000 and the width from 120 ft to 130 ft, while the 15,000 sq ft of land per family does not change.
- The schedule also publishes a row at 44,000 sq ft with 150 ft of width without defining the service it applies to.
- Wetlands, slopes over 17%, land in a conservation easement, land in a stormwater management area and parkland are all excluded from the minimum lot area.
- Any building other than a single-family dwelling may reach three storeys and 45 ft, ten feet more than the 35 ft a house takes, which the district tables do not publish at all.
- The 30% coverage figure comes from § 190-29A rather than the district table, which publishes none.
- Add 30 ft to the front setback on a state road, measured from the filed right-of-way line or, where no plan is filed, from a line 25 ft from the centre line of the travelled way.
- An unattached accessory structure may not stand in the front setback or within 5 ft of any other property line, and is capped at 20 ft tall.
Mixed Economic Development Distr - Every dimension in this district can be waived: § 190-19a lets the Planning Board approve a smaller lot size, width, depth and setbacks on a showing that the waiver is necessary for the proposed use and will not harm another use in the district.
- The district's own table sets a maximum building size of 300,000 sq ft; the 30% coverage shown comes from a town-wide rule for districts outside Commercial and Hamlet.
- Lots here need not front a public street, the district being an open development area under New York Town Law § 280-a(4).
- Land in a wetland, in a stormwater management area, or on a slope over 17% does not count toward the minimum lot size.
Residential - 2 Acre - A homestead allowance lets one single-family lot of one acre be carved out for each eleven acres in the parcel, with the rest divided into lots of two acres or more. That lot takes 145 ft of width and a 30 ft rear yard.
- Minimum land per family is 86,000 sq ft, which is what decides how many dwellings a large parcel carries.
- Any building other than a single-family dwelling may reach three storeys and 45 ft, ten feet more than the 35 ft a house takes, which the district tables do not publish at all.
- Land inside a federal or state designated wetland, and land on a slope steeper than 17%, do not count toward the minimum lot area.
- The 30% coverage figure comes from § 190-29A rather than the district table, which publishes none.
- Add 30 ft to the front setback on a state road, measured from the filed right-of-way line or, where no plan is filed, from a line 25 ft from the centre line of the travelled way.
- An unattached accessory structure may not stand in the front setback or within 5 ft of any other property line, and is capped at 20 ft tall.
Residential Agricultural - With water or sewage handled on the lot the minimum rises from 30,000 sq ft to 44,000, the width from 100 ft to 140 ft, and the land per family from 30,000 sq ft to 40,000.
- Minimum land per family is 30,000 sq ft, which is what decides how many dwellings a large parcel carries.
- Any building other than a single-family dwelling may reach three storeys and 45 ft, ten feet more than the 35 ft a house takes, which the district tables do not publish at all.
- Land inside a federal or state designated wetland, and land on a slope steeper than 17%, do not count toward the minimum lot area.
- The 30% coverage figure comes from § 190-29A rather than the district table, which publishes none.
- Add 30 ft to the front setback on a state road, measured from the filed right-of-way line or, where no plan is filed, from a line 25 ft from the centre line of the travelled way.
- An unattached accessory structure may not stand in the front setback or within 5 ft of any other property line, and is capped at 20 ft tall.
Residential Forestry - A parcel may take one one-acre lot for every ten acres it holds, with the rest divided into three-acre or larger lots. That one-acre lot takes 140 ft of width, a 50 ft front yard, 20 ft sides and a 30 ft rear.
- At 125,000 sq ft per family on a three-acre minimum, the density rule binds before the lot minimum does.
- Land in a federal or state-designated wetland does not count toward the minimum lot area.
- A single-family dwelling is capped at two storeys and 35 ft anywhere in the town; any other building takes three storeys and 45 ft.
- On a state road, add 30 ft to the front setback, measured from the filed right-of-way line or, where none is filed, from a line 25 ft from the centre line of the travelled way.
- On a street whose right-of-way is under 50 ft, or whose right-of-way line is unknown, the front yard is measured from a point 25 ft from the centre line of the roadway.
- An unattached accessory structure stays out of the front setback and 5 ft from other property lines, capped at 20 ft, or 35 ft on a lot of three acres or more keeping 50 ft front, both sides and rear.
Residential Hamlet - At 7,500 sq ft of land per family on a 10,000 sq ft lot, a two-family can sit on a single hamlet lot here. Losing either public service doubles the lot minimum to 20,000 sq ft and the land per family to 10,000.
- Any building other than a single-family dwelling may reach three storeys and 45 ft, ten feet more than the 35 ft a house takes, which the district tables do not publish at all.
- Land inside a federal or state designated wetland, and land on a slope steeper than 17%, do not count toward the minimum lot area.
- The 50% coverage figure comes from § 190-29A rather than the district table, which publishes none.
- Where the street right-of-way is under 50 ft or its line is unknown, the front yard is measured from a point 25 ft from the centre line of the roadway (§ 190-29C).
- An unattached accessory structure may not stand in the front setback or within 5 ft of any other property line, and is capped at 20 ft tall.
Residential Senior Citizen Distr - The district needs a site of at least five acres of buildable land, and occupancy is restricted to people fifty-five years of age or over. The lot minimum then steps by use and by utilities, from 10,000 sq ft for a single-family house on public water and sewer.
- The ordinance publishes no yard dimensions for this district at all; Article XIV sets lot sizes, occupancy, parking, streets and design review instead.
- A two-family on public water and sewer needs 15,000 sq ft, and a multiple dwelling 20,000 sq ft.
- With one service on the lot a single-family needs 15,000 sq ft, a two-family 25,000 and a multiple dwelling 30,000.
- With no public water source and no public sewer a single-family or a two-family needs 33,000 sq ft, and a multiple dwelling 44,000.
- A congregate dwelling is sized by bedroom count: 500 sq ft with no bedroom, 600 with one, 800 with two, 950 with three. Its lot size is set case by case by the Planning Board.
- Two off-street parking spaces are required per dwelling unit, not counting garage and snow-removal area.
ADUs vs. short-term rentals in New Scotland
No local short-term-rental law on record - which is not the same as permission for Town of New Scotland. New Scotland has no local short-term rental law. That is not the same as permission, so confirm with the Town of New Scotland before counting on renting a home short term. These are separate questions from whether you can build an ADU — a unit you're allowed to add isn't automatically one you're allowed to rent nightly, so check both.
Good to know
- Residential lot minimum0.11–3 ac — an ADU still has to fit the district's lot and setback envelope.
- UtilityNational Grid territory.
- Zoning codewww.townofnewscotland.gov/169/Laws-Ordinances
- Building dept(518) 439-9153
ADU FAQ — New Scotland, NY
Are ADUs allowed in New Scotland, NY?
Town of New Scotland has 13 districts. All districts prohibit ADUs. Check your address with the free ADU checker, or confirm with the building department at (518) 439-9153.
Do I need a special permit for an ADU in New Scotland?
No. No district in Town of New Scotland permits an ADU, so there is no permit to apply for. Codes change, so verify with the building department at (518) 439-9153 before ruling it out.
Can I use an ADU as a short-term rental in New Scotland?
No local short-term-rental law on record - which is not the same as permission for Town of New Scotland. ADU occupancy and short-term-rental rules are separate: an ADU you can build isn't automatically one you can rent nightly. Confirm both before you count on STR income.
What an ADU costs to build in New Scotland
Permission is one question and budget is another. An 800 sq ft accessory unit here runs roughly $195k–260k at a standard finish, and the per-square-foot rate comes in above a full house because the kitchen, bath, panel and heating plant cost the same either way. See the full cost to build an ADU in New Scotland, priced by size.
How we know this
- Districts confirmed
- 13 of 13 — every mapped district.
- Last reviewed
- Not covered here
- Overlay districts, the zoning map, and any conditions attached to an individual parcel. Size limits and owner-occupancy terms sit in the code section above, not in this summary.
More on New Scotland: Full zoning for new construction · ADU build cost · House build cost · ADU rules across Albany County · All Albany County towns
ADU information for Town of New Scotland is compiled from the municipal code (last reviewed 2026-09-09) and provided for decision-support only — not legal or architectural advice. ADU eligibility, size, owner-occupancy and permit conditions vary by district and often carry exceptions; verify with the building department at (518) 439-9153 before relying on any answer. Source: the Offsite / Aldo zoning dataset.